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Can I Be Arrested If I Don’t Allow a Search of My Car?

21 Nov 2016

A question I hear all the time is “Can I be arrested if I don’t allow a search of my car?” While it’s not legal for a police officer to arrest you simply for not allowing your vehicle to be searched, there are exceptions where an officer does have a right to search. Did you do anything that would appear suspicious? Did your vehicle smell of alcohol or drugs? Could the officer see an open container or drug paraphernalia through a window? Is your license, insurance, or registration expired? Are you wanted on an outstanding warrant?

You can only be searched if you consent or if there is probable cause. In this case, the order of activities leading up to the search is what matters.
First, if you are not legal to drive, police can arrest you and perform an “inventory search.” If a police officer has a reasonable suspicion to believe you have committed a crime, they can arrest you and search your vehicle without your consent. Probable cause means that a police officer must have facts or evidence to believe you are guilty of a crime. Minor offenses such as speeding, traffic infractions, or expired registration are not probable cause to result in a search of your vehicle.
If you were being detained or frisked due to probable cause and no contraband was found on your person or visible in your vehicle, and you do not have an outstanding warrant, and have not resisted arrest or acted in a way that would indicate you are under the influence, police do not have a right to search you. If your vehicle is searched anyway, you may have a case. The 4th Amendment protects your right to refuse a search, whether police tell you or not.
If you’re asked to consent to a search, stay calm and communicate that you do not consent. You may have to repeat this several times before police will stop trying. Stay still, don’t move your hands, do exactly as the officer commands, and don’t physically object to anything. Only verbally communicate your dissent, but in a slow and calm way. And say silent beyond that statement. In most instances, officers will conclude the stop and allow you to you leave the scene.

Can I be arrested if I don’t allow a search of my car?

The bottom line is that you may not be arrested for simply refusing a search, but it can become a complicated situation. If this happens to you, your civil rights may have been violated and you likely will need an attorney.

 

If you would like to find out more about having Getz & Braverman, P.C. represent you or provide legal advice, email, live chat, or call us at 718-618-5567. We also accept text messages at 917-734-7583.

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